Sepp v. McCann

• Decision Date: 19 November 1891
• Citation: 50 N.W. 246,47 Minn. 364
• Parties: SEPP v MCCANN ET AL.
• Court: Minnesota Supreme Court

47 Minn. 364

50 N.W. 246

SEPPvMCCANN ET AL.

Supreme Court of Minnesota.

Nov. 19, 1891.

(Syllabus by the Court.)

1. A certain bond to the city of St. Paul, executed upon taking a contract to do public work, held good, under chapter 360, Sp. Laws 1889, and to inure to the benefit of laborers working for a subcontractor.

2. A cause of action on such a bond is assignable, and passes upon an assignment of the claim for the labor.

3. The city is not a necessary party to an action on such a bond.

Appeal from district court, Ramsey county; OTIS, Judge.

Action on a bond by John S. Sepp against Frank P. McCann, John Silk, and another. Judgment for plaintiff. Defendant Silk appeals. Affirmed.

Thompson & Taylor and Charles H. Taylor, for appellant.

Young & Lightner, for respondent.

GILFILLAN, C. J.

The city of St. Paul let a contract for doing certain public work to one Timothy Sweeney. He sublet a part of the work to McCann, and the assignors of plaintiff rendered services as laborers for McCann upon, and in the execution of, the part of the work so sublet to McCann. Upon the execution of the contract between the city and Sweeney, he as principal, and the defendants Silk, Doyle, and Michael F. Sweeney as sureties, executed a bond in which they bound themselves in the sum of $18,300 to the city, “to be paid the city of St. Paul for the use of all persons who may perform any work or labor, or furnish any skill or materials, to the above-bounden Timothy Sweeney, pursuant to the hereinafter named contract.” It then recites the execution of the contract between the city and Sweeney, and contains the condition required by chapter 360, Sp. Laws 1889, providing for bonds to be executed by persons taking contracts to do work for the city, to-wit, “that if the above-bounden Timothy Sweeney shall pay, as they become due, all just claims for all work and labor performed, and all skill and material furnished, in the execution of said contract, and to comply with all the requirements of the charter of said city and the amendments thereto, and with all the provisions of” said law, referring to it by its title, then the obligation to be void. The bond shows on its face that it was executed under and pursuant to the provision of said chapter 360. The act provides that any person who shall perform, or cause to be performed, any work or labor, or furnish, or cause to be furnished, any skill or material, etc., in the execution of the contract, at the request of the contractor, or any subcontractor, may bring an action in his own name on the bond. But it is contended that this is not a good statutory bond, so as to enable any but those who performed work or labor, or...